Law Commons^™

Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett

Washington Law Review

No abstract provided.

Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability

California Joint Committees

No abstract provided.

Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability

California Joint Committees

No abstract provided.

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.

Recent Cases, John P. Kelly, G. David Dodd

Vanderbilt Law Review

The principle that the government must not only refrain from providing special preference to a particular religion, but, that it also must stand apart from religion in general is abridged once the government seeks to provide sustenance to religious interests. Government neutrality is preserved, however, when the government merely provides fertile ground on which religious interests can thrive independently. Because state-imposed employment accommodation of religious precepts creates proselytizing opportunities" upon which religious interests flourish and because there is no overriding government interest in requiring such accommodation, Title VII's Randolph Amendment transgresses establishment clause prohibitions.

John P. Kelly

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The court …

Seat Belts And Contributory Negligence, Frans F. Slatter

Dalhousie Law Journal

There are now thirty-six cases mentioned in the Canadian and English reports where it has been argued that the failure to wear a seat belt amounts to contributory negligence. I The defence was successfully made out in only ten of these cases, with damages being reduced by five per cent to thirty-three and a third per cent under the applicable contributory negligence statutes. 2 This volume of litigation would not provoke comment were it not for the division of judicial opinion and the confusion of judicial thinking to be found in these conflicting decisions. Even in England where it was …

Alternatives To The Medical Malpractice Phenomenon: Damage Limitations, Malpractice Review Panels And Countersuits

Washington and Lee Law Review

No abstract provided.

Reconciling Comparative Negligence, Contribution, And Joint And Several Liability

Washington and Lee Law Review

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.

Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie

Michigan Law Review

This Article will focus on one important aspect of the Institute's work: the question of whether opinion, including ridicule, can be an independent basis of an action for defamation. Before undertaking that inquiry, however, some basic concepts regarding defamatory opinions must be understood. First, a statement of opinion can, of course, often be reasonably construed to imply the existence of facts that would justify the opinion. If a direct statement of those facts would be defamatory, then the statement of an opinion that implies the existence of those false facts would be defamatory and capable of supporting an action for …

Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability

California Joint Committees

No abstract provided.

Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability

California Joint Committees

No abstract provided.

Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.

Florida State University Law Review

No abstract provided.

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.

A Modern Approach To The Legal Malpractice Tort, Kenneth G. Lupo

Indiana Law Journal

No abstract provided.

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.

Ford Motor Co. V. Evancho, 327 So. 2d 201 (Fla. 1976), Robert C. Apgar

Florida State University Law Review

Products Liability- AUTOMOBILE MANUFACTURER MUST DESIGN AND BUILD A CRASHWORTHY AUTOMOBILE.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Products Liability--Liability Of Transferee For Defective Products Manufactured By Transferor, P. Anthony Lannie

Vanderbilt Law Review

In the landmark decision, Greenman v. Yuba Power Products,Inc., , the California Supreme Court eliminated a similar barrier to consideration of products liability goals-the breach of warranty theory designed to meet the needs of commercial transactions. Justice Traynor addressed the central question-"When should the manufacturer be responsible to those injured by his products?"'-and concluded that "rules . . .that were developed to meet the needs of commercial transactions cannot properly be invoked to govern the manufacturer's liability to those injured by their defective products unless those rules also serve the purposes for which such liability is imposed."' Confronted with another …

Operating Surgeon Is Not Automatically Liable For Assistant's Negligence., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Xi. Torts

Washington and Lee Law Review

No abstract provided.

The Diminishing Role Of Negligence In Manufacturers' Liability For Unavoidably Unsafe Drugs And Cosmetics., David E. Chamberlain

St. Mary's Law Journal

Abstract Forthcoming.

Grocery Store Is Liable For False Imprisonment By Its Independent Contractor Providing Security Service., Chris A. Hale

St. Mary's Law Journal

Abstract Forthcoming.

Amendments May Relate Back To Validate Service Of Process, Michael G. Gray

Mercer Law Review

Leniston v. Bonfiglio is worthy of inspection not only because of the proposition for which the case stands but also because of the manner in which the Georgia Court of Appeals chose to convey this proposition to the reader. Mrs. Alice Bonfiglio filed her complaint in the State Court of DeKalb County for $200 in damages to her automobile, allegedly precipitated by the negligence of defendant, Mrs. Leniston. Service of process was effectuated by a deputy marshal's tacking the summons to the door' of Mrs. Leniston's most notorious place of abode in DeKalb County, pursuant to C.P.A. § 4(d)(6).1 Contending …

Jurisdiction, Shipowner Negligence And Stevedore Immunities Under The 1972 Amendments To The Longshoremen's Act, David W. Robertson

Mercer Law Review

Prior to major changes effective November 27, 1972,' the jurisprudence under the 1927 Longshoremen's and Harbor Workers' Compensation Act 2 had developed a well-defined system for dealing with injuries to employees covered by that statute. Three entities are routinely involved in such injuries: the vessel in connection with which the victim was working at the time of his injury; the independent contractor hired by the vessel to load, unload, repair, or perform some other service to the vessel; and the injury victim himself, who is an employee of the independent contractor. It is customary to refer to these three entities …

Economou V. United States Department Of Agriculture: Blurring The Distinctions Between Constitutional And Common Law Tort Immunity

William & Mary Law Review

No abstract provided.

The Interlocking Death And Rebirth Of Contract And Tort, Jeffrey O'Connell

Michigan Law Review

The first portion of this article will examine the growing inclination of courts to apply tort principles to cases based on contracts; at the same time, the defects of tort will be discussed insofar as they militate against the wisdom of so extending tort principles. In the last half of the article, an alternative contractual method for allocating losses in one particular area will briefly be presented; this method does not contain the defects in loss allocation that have impelled courts to reject traditional contractual principles, but it also avoids many inefficiencies of traditional tort remedies.

Constitutional Privilege To Republish Defamation, Leslie Levin

Faculty Articles and Papers

Underlying the development of the law of defamation is a tension between two broad societal interests: protecting the reputation of individuals and safeguarding the free flow of discussion and information. The common law heavily favored the protection of reputation, offering only limited concessions to the competing interest. In recent years, however, the Supreme Court has refashioned the law of defamation to conform to a first amendment mandate that "debate on public issues should be uninhibited, robust and wide-open." In New York Times Co. v. Sullivan and subsequent cases, the Court established that public officials and public figures may not recover …

The Common Law Tort Liability Of Owners And Occupiers Of Land: A Trap For The Unwary?

Maryland Law Review

No abstract provided.